Dementia patient charged more council tax after going into care

An 88-year-old man with dementia is being charged one-and-a-half times the normal rate of council tax, because his house is empty after he went into care.

The man, from Lambeth, has had to permanently move into a home, leaving the house he once lived in unoccupied.

Council policy dictates that owners of empty homes left unoccupied and unfurnished for two years or more have to pay out – but now the heartless pen-pushers face legal action from a lawyer acting on his behalf.

Solicitor Michael Culver said: “The decision made by Lambeth Council to penalise a vulnerable individual is shocking.

“Having been diagnosed with dementia, my client lacks mental capacity and is therefore unable to live alone safely.

“For this reason, he has no other choice but to live in a care home with specialist care provision.

“Despite being aware of this, the council have pursued the case and have offered no council tax exemptions. This decision is unreasonable and unjust.

“Whilst I fully accept the policy to charge 150 per cent of the usual council tax rate to second homeowners, Lambeth council’s stance on charging people this fee for those unable to return home is non-sensical. It cannot be allowed to continue.”

As the man has lost capacity and had no Lasting Power of Attorney in place, the Court has appointed a professional deputy to manage his affairs.

The deputy order has only just been granted – which means it hasn’t been possible to sell the man’s empty home before Lambeth Council’s two-year deadline, which ends in March.

A Lambeth Council spokesman said: “Councils are allowed to increase the Council Tax payable on long-term empty properties, under Government legislation designed to help ease the housing shortage by encourage homeowners and landlords to bring empty properties back into use.

“However, there are Council Tax discounts and exemptions available for properties, depending on the reason why they are left empty. For example, if a property has been left empty due to the resident or owner moving into a care home or becoming a permanent hospital patient and the unoccupied dwelling was previously the sole or main residence of the absent person, an exemption may be applicable.

“Whilst we can’t discuss individual circumstances, we are in contact with the resident’s solicitor regarding the details of this case.

“If any resident believes a decision about the Council Tax on their property is incorrect, they can appeal to the Valuation Tribunal. If they are dissatisfied with the service they are given they can make a complaint.”

 

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